LJN Newsletters

  • Insurance Coverage For Patent Infringement Claims

    Courts across the country, and particularly in California, have long been reluctant to construe standard commercial general liability insurance policies to provide coverage for patent infringement lawsuits. However, the Ninth Circuit's recent decision in Hyundai Motor v. Nat. Union Fire Ins., suggests that, at least when the patented invention is itself a method of advertising, an insurer will owe a duty to defend a patent infringement lawsuit under the "advertising injury" provisions of many standard CGL policies.

    April 29, 2010David B. Goodwin and Danielle L. Goldstein

  • IP News

    Highlights of the latest intellectual property news from around the country.

    April 29, 2010Compiled by Howard J. Shire and Brian Beck

  • False Patent Marking Cases Become the New Craze

    Since Jan. 1, 2010, over 130 cases have been filed that accuse defendants of false patent marking. This recent tidal wave of false marking litigation contrasts with the relative calm of the past in which only approximately 40 false patent marking cases total were filed from 2000'2009. What caused the underwater earthquake? The decision of the Court of Appeals for the Federal Circuit in Forest Group, Inc. v. Bon Tool Co.

    April 29, 2010Joseph J. Berghammer and Timothy J. Rechtien

  • Career Journal: Time to Go Out on a Limb

    It's time that legal marketing executives take a risk and launch a creative media campaign that reshapes the industry's image and increases the unaided brand recognition of their firm over the virtual stealth existence of their competitors.

    April 29, 2010Michael DeCosta

  • Myriad: How Did Public Policy Weigh In?

    In Association for Molecular Pathology v. USPTO, the United States District Court for the Southern District of New York invalidated patents related to isolated BRCA1 and BRCA2 breast and ovarian cancer susceptibility genes. The surprising aspect of the decision was the reason for invalidity ' the district court held that the isolated genes did not constitute patentable subject matter under 35 U.S.C. ' 101.

    April 29, 2010Larry A. Roberts

  • Stayin' Alive: An Overview of Copyright Termination

    The year 2013 will mark the first year that authors can take advantage of the Copyright Act's ' 203 termination provision, likely setting off a flood of termination notices by artists seeking to regain rights previously granted to record labels, book publishers, advertising agencies, and other content owners. This newly effective right, particularly when combined with the increasing number of works subject to termination under the Act, will soon bring to the legal forefront the complex and until now largely ignored termination provisions of the Copyright Act.

    April 29, 2010James A. Trigg and Sabina A. Vayner